2013-00149703-CU-CD

Mark K Passey vs. Carson Homes

Nature of Proceeding:  Motion to Serve Parties with Summons Via the Secretary of State

Filed By:  Han, James S.

Defendant/Cross-Complainant Carson Homes’ unopposed motion to serve parties with
summons via the Secretary of State is granted.

Carson Homes seeks an order permitting it to serve Bianchi Plumbing, Inc., C.N. Jolly
Cabinets, Inc. and H&M Roofing, Inc. with summons on its cross-complaint pursuant to
Corporations Code §§ 1702 and 2011(b) on the basis that the corporations are
dissolved and it has been unable to locate the agents for service of process to serve
them with reasonable diligence.  Corporations Code § 2011(b) authorizes a party to
apply for an order authorizing service of process upon a dissolved corporation by
serving the Secretary of State when the officers, directors, or agents for service of
process cannot be located with due diligence.  Corporations Code § 1702(a) is similar.

Specifically, Corporations Code §2011(b) provides that if officers, directors or persons
having charge of the entity’s assets or the agent for service of process of a dissolved
corporation cannot be located with reasonable diligence, the party wishing to serve the
corporation with process may apply to the Court for an order allowing service of the
summons via the Secretary of State: “If none of such persons can be found with due
diligence and it is so shown by affidavit to the satisfaction of the court, then the court
may make an order that summons or other process be served upon the dissolved
corporation by personally delivering a copy
thereof, together with a copy of the order, to the Secretary of State or an assistant or
deputy secretary of state. Service in this manner is deemed complete on the 10th day
after delivery of the process to the Secretary of State.”

Carson has shown that Bianchi Plumbing, Inc., C.N. Jolly Cabinets, Inc. and H&M
Roofing, Inc. are dissolved and that despite reasonable diligence, it cannot locate any             agent for service of process.  Carson is therefore entitled to an order allowing it to
serve these entities via the Secretary of State.

The Court will sign the proposed order.